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AGREEMENT FOR COLLECTION OF TRAFFIC DATA AT <br />VARIOUS STREET INTERSECTIONS <br />This agreement for the collection of traffic data at various street intersections ("Agreement") <br />is made and entered into this 19thday ofAugust , 2008 ("Effective Date"), by and between the City <br />of Redlands, a municipal corporation ("City") and Counts Unlimited Inc. ("Consultant"). City and <br />Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." <br />In consideration of the mutual promises contained herein, City and Consultant agree as <br />follows: <br />ARTICLE 1 - ENGAGEMENT OF CONSULTANT <br />1.1 City hereby engages Consultant to conduct traffic vehicle counts at 16 street intersections <br />within the City (the "Services"). <br />1.2 The Services shall be performed by Consultant in a professional manner, and Consultant <br />represents that it has the skill and the professional expertise necessary to provide the <br />Services to City at a level of competency presently maintained by other practicing <br />professional consultants in the industry providing like and similar types of Services. <br />ARTICLE 2 - SERVICES OF CONSULTANT <br />2.1 The Services which Consultant shall perform are more particularly described in Exhibit "A," <br />entitled "Scope of Services," which is attached hereto and incorporated herein by this <br />reference. <br />2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in <br />the performance of this Agreement including, but not limited to, the Americans with <br />Disabilities Act, and the Fair Employment and Housing Act. <br />ARTICLE 3 - RESPONSIBILITIES OF CITY <br />3.,1 City shall make available to Consultant information in its possession that may assist <br />Consultant in performing the Services. <br />3.2 City will make reasonable provision for Consultant to enter upon City -owned property, as <br />required by Consultant, to perform the Services. <br />3.3 City designates Tom T. Fuj iwara as City' s representative with respect to performance of the <br />Services, and such person shall have the authority to transmit instructions, receive <br />information, interpret and define City' s policies and decisions with respect to performance <br />of the Services. <br />r:\oa\djm\Agroomcnls\Counts Unlimited -Traffic Dala Collection.doc 1 <br />7/28/08 3:16 p.m. <br />